Section 325.3. The probable-cause hearing; determination


Latest version.
  • 1.  At  the
      conclusion of a probable-cause hearing held pursuant  to  section  325.1
      the  court  shall determine in accordance with the evidentiary standards
      applicable to a hearing on a felony complaint in a criminal court:
        (a) whether it is reasonable to believe that a  crime  was  committed;
      and
        (b)  whether it is reasonable to believe that the respondent committed
      such crime.
        2. The court shall state on the record the section or sections of  the
      penal  law or other law which it is reasonable to believe the respondent
      violated.
        3. If the court finds that  there  is  reasonable  cause  pursuant  to
      subdivision  one, it shall further determine whether continued detention
      is necessary pursuant to section 320.5.
        4. If the court does not  find  that  there  is  reasonable  cause  to
      believe that a crime was committed and that the respondent committed it,
      the  case shall be adjourned and the respondent released from detention.
      If the court or the presentment agency  cannot  hold  a  probable  cause
      hearing within the limits of subdivision two of section 325.1, the court
      may  dismiss  the  petition  without  prejudice  or for good cause shown
      adjourn the hearing and  release  the  respondent  pursuant  to  section
      320.5.